2012 Republican Party Platform And “Tort Reform”

The Republican Party has published its 2012 Republican Party Platform in which it addresses many issues, including “tort reform” under the heading, “Reducing Costs through Tort Reform,” in which it states:

Frivolous medical malpractice lawsuits have ballooned the cost of healthcare for the average American. Physicians are increasingly practicing defensive medicine because of the looming threat of malpractice liability. Moreover, some medical practitioners are avoiding patients with complex and high-risk medical problems because of the high costs of medical malpractice lawsuits. Rural America is hurt especially hard as obstetricians, surgeons, and other healthcare providers are moving to urban settings or retiring, causing a significant healthcare workforce shortage and subsequently decreasing access to care for all patients. We are committed to aggressively pursuing tort reform legislation to help avoid the practice of defensive medicine, to keep healthcare costs low, and improve healthcare quality.

Such bold sentiments make us cringe because we fear on behalf of the innocent, permanently injured victims of medical malpractice that the unsupported and reckless “facts” stated in the Platform are the Republican Party’s forewarning that the right of medical malpractice victims to seek and obtain just, fair, and adequate compensation for their devastating injuries and losses will be further eroded, subverted, restricted, and trumped by the personal financial interests of careless or incompetent (or worse) medical providers and their medical malpractice insurance companies.

“Frivolous medical malpractice lawsuits have ballooned the cost of healthcare for the average American.”

Where Are The Facts?

— How many medical malpractice lawsuits that have been filed in the United States during the past twenty years have been determined to be “frivolous”? (If there was a significant number, the number would be disclosed and discussed…)

— In what manner and in what amount have medical malpractice lawsuits during the past ten years “ballooned the cost of healthcare” in the United States? (If there was a significant amount, the amount would be disclosed and discussed…)

“Physicians are increasingly practicing defensive medicine because of the looming threat of malpractice liability. Moreover, some medical practitioners are avoiding patients with complex and high-risk medical problems because of the high costs of medical malpractice lawsuits.”

What Are The Facts?

— Where is the evidence that physicians in the United States practice defensive medicine, the extent of the practice, and that the reason for such is the threat of medical malpractice claims? (What are the names of these defensive doctors and where in the U.S. are they located?)

— Who are the health care providers, and where in the United States are they practicing medicine, who are not providing medical care to patients who are really sick because they fear they will be sued for malpractice? (Shouldn’t we be told who these doctors are who are refusing to help those people who they took an oath to help?)

— What is the basis for fearing medical malpractice lawsuits if the medical providers are providing medical care and medical services that are in compliance with the standards that have been established by their medical colleagues?(Doctors who provide competent and appropriate care to their patients have no basis to be afraid of being sued for medical malpractice — as U.S. President Franklin D. Roosevelt stated during his first inaugural address: “Only thing we have to fear is fear itself”)

“Rural America is hurt especially hard as obstetricians, surgeons, and other healthcare providers are moving to urban settings or retiring, causing a significant healthcare workforce shortage and subsequently decreasing access to care for all patients.”

What Are The Facts?

— What is the evidence that these specialists are retiring or leaving rural America due to the fear of medical malpractice claims? (What are their names, what are their numbers, and where in the U.S. are they located?)

— If medical specialists are leaving rural America for more urban areas, are there more important reasons than the fear of medical malpractice claims being filed against them that are influencing their choices, such as better pay and more professional and social opportunities in urban areas, being closer to world-class hospitals in urban areas that offer services and continuing education opportunities that are not found in rural areas, better schools for their children in urban areas, the greater availability of more cultural and other events in urban areas as compared to rural areas, their spouses’ preferences, etc.? (People who have the financial resources to live where they want to live will live were they want to be.)

“We are committed to aggressively pursuing tort reform legislation to help avoid the practice of defensive medicine, to keep healthcare costs low, and improve healthcare quality.

That’s exactly what we fear the most — the Republican Party’s Platform champions legislation, regulations, and restrictions that benefit the powerful and well-financed health care industry at the expense of the innocent victims of medical malpractice whose lives have been inextricably devastated due to medical carelessness, inattention, or incompetence.

If you, a family member, or a friend may have been injured due to medical malpractice in the United States, you should promptly contact a local medical malpractice attorney to investigate your possible medical malpractice claim for you — while you still can!

Click here to visit our website or call us toll-free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be willing and able to assist you with your medical malpractice claim.